Here are the most significant employment law updates in the last year.

New Employment Test – Dynamex Case

One of the most important updates in the law came as a result of the California Supreme Court’s decision in the case entitled Dynamex v. Superior Court. In that case, the Court established a new test for determining whether a worker is an employee versus an independent contractor, which the Court referred to as the ABC test.

Effective January 1, 2018, the minimum wage has increased for all employers regardless of size. For employers with 25 of fewer employees, the minimum wage increased from $10.00 per hour to $10.50 per hour. For employers with 26 or more employees, the minimum wage increased from $10.50 per hour to $11.00 per hour.

This not only affects hourly employees, but salaried employees as well. To qualify for most overtime exemptions, salaried employees must be paid at least two times the minimum wage for full time employment, meaning a yearly salary of at least $43,680.00 for small employers and $45,760.00 for larger employers.

So, your superior at work treats you horribly.If this is you, I am sure some of the following thoughts have crossed your mind: “Something isn’t right about this. This seems wrong. Shouldn’t this be illegal?”

This article is inspired by the numerous calls we receive regarding this very issue.The start of the typical call goes something like this: “My boss is harassing and discriminating against me.”To some callers’ surprise, the question that follows is “Why do you think your boss is harassing or discriminating against you?” This question is extremely important because the answer will determine whether or not the superior’s conduct might be illegal.While some employees might believe a bad boss, a rude supervisor, or a yelling manager constitutes illegal harassment or discrimination, the reality is that such conduct is usually only illegal if motivated by a limited and specific set of reasons.

Whenever real property is owned by two or more individuals (who are not married), the question sometimes presents itself: “I don’t want to own this property anymore, or I don’t want to own this property with a certain individual - What do I do?”

There are a few obvious simple options to try first. Initially, the easiest option is for the property owners to agree to market and sell the property to another individual and divide the proceeds. The property owners may also agree to a buyout, in which one of the owners would purchase another owner’s interest in the property. This option is particularly desirable if one owner wishes to keep the property and is financially able to affect a buyout. A third option is for an owner to sell and/or transfer their interest in the property to another individual. In reality, this option is very unlikely to succeed as individuals rarely are willing to purchase a partial interest in real property and enter into a co-ownership relationship with an unknown individual.

On April 4, 2016, Governor Brown signed into law Senate Bill 3, which steadily increases the minimum wage over the next several years until it reaches $15 per hour (unless the increases are suspended in any year due to certain economic conditions). Departing from previous practice, the new law provides for a different timetable for the minimum wage increases depending on the number of employees an employer has.

Are you being paid correctly? Here are 9 tips for employers and employees.

1. Minimum wage: Currently, the minimum wage is $9 per hour. On January 1, 2016, the minimum wage will increase to $10 per hour. Employees must be paid at least the minimum wage for all hours worked.

2. Overtime hours: Typically employees must be paid 1 1/2 times their regular rate of pay for all hours over 8 in a day and over 40 in a week. If an employee's compensation varies (i.e. part commission/part hourly), the regular rate for overtime purposes will be the average of those wages.

No matter the type of your potential case, preparing a few items in advance of your meeting with a lawyer is usually very helpful.

1. Chronology

Write a detailed version of your case story in time order – typically we refer to this as a chronology. Whereas when you telephone an attorney’s office and typically provide a brief summary version of the potential case, the chronology is an opportunity to document all the details. Don’t just summarize meetings, conversations, etc. – be very specific and detailed in your account of the story and what happened. Because most of us like to read a story from start to finish – usually writing the chronology in time order is preferred

If you have been in a car accident, these are things you should consider doing:

1. Seek immediate medical attention if necessary. Your health or the health of others should always take priority over any other accident issues such as insurance, fault, or property damage.

2. Call 911 or contact law enforcement if necessary. While law enforcement often will not respond to an auto accident unless there is a report of serious physical injury, obviously do not hesitate to call 911 and/or law enforcement if the situation is warranted.